ECJ 15 November 2016, case C-258/15 (Salaberria Sorondo), Age discrimination

Directive 2000/78 does not preclude requiring candidates for the position of police officer to be under 35 years of age. The ECJ distinguishes from its judgment in Vital Pérez.

2016/52 Pregnancy and job offers (NL)

A discriminatory refusal to offer an employee a new employment contract upon expiry of a fixed term contract is not discriminatory dismissal but a discriminatory refusal to give access to employment. The employer is liable for emotional damages.

2016/60 Special protection for disabled employees against termination of employment – international apsects (GE)

An employee may bring a claim for invalid termination before the German Labour courts, irrespective of the law governing the employment relationship. In Germany, it is only possible for an employer to dismiss a severely disabled person if the competent state authority grants a permit enabling it to do so. However, this requirement is limited to those with employment agreements under German Law.

2016/50 Employment status in discrimination claims: absence of obligations between assignments can be relevant (UK)

The Court of Appeal has given guidance on how to determine employment status in discrimination cases where the claimant is engaged on a case-by-case basis. The judgment confirms that the lack of mutual obligations between the putative employer and employee between assignments can be a relevant factor. If an individual is engaged on an assignment-by-assignment basis, with the freedom to turn down work when it is offered, this may imply a lack of subordination during the periods of work. The absence of an overarching ‘umbrella’ contract between assignments may therefore be relevant when determining whether an individual is protected by discrimination law.

ECJ 21 September 2016, case C-614/15 (Popescu), Fixed-term employment

The fact that veterinary health inspections are non-permanent in nature does not justify successive fixed-term contracts unless the renewal of those contracts is in fact aimed at covering a specific need in the relevant sector, without the underlying reason being budgetary considerations.

Case C-416/16. Transfers of undertakings

Does Article 1, and in particular paragraph (b) thereof, of Council Directive 2001/23/EC apply to...

ECJ 21 September 2016, case C-614/15 (Popescu), Fixed-term employment

The fact that veterinary health inspections are non-permanent in nature does not justify successive fixed-term contracts unless the renewal of those contracts is in fact aimed at covering a specific need in the relevant sector, without the underlying reason being budgetary considerations.

2016/50 Employment status in discrimination claims: absence of obligations between assignments can be relevant (UK)

The Court of Appeal has given guidance on how to determine employment status in discrimination cases where the claimant is engaged on a case-by-case basis. The judgment confirms that the lack of mutual obligations between the putative employer and employee between assignments can be a relevant factor. If an individual is engaged on an assignment-by-assignment basis, with the freedom to turn down work when it is offered, this may imply a lack of subordination during the periods of work. The absence of an overarching ‘umbrella’ contract between assignments may therefore be relevant when determining whether an individual is protected by discrimination law.

Case C-416/16. Transfers of undertakings

Does Article 1, and in particular paragraph (b) thereof, of Council Directive 2001/23/EC apply to...

2016/52 Pregnancy and job offers (NL)

A discriminatory refusal to offer an employee a new employment contract upon expiry of a fixed term contract is not discriminatory dismissal but a discriminatory refusal to give access to employment. The employer is liable for emotional damages.